Table 3: Complaints that cannot be managed using Part 9 of the Health Act 2004

Table 3: Complaints that cannot be managed using Part 9 of the Health Act 2004

Details of Complaint/Allegation

Policy, Procedure, Guideline or legislation to be followed

Incidents (clinical or non-clinical)

Refer to relevant local policy developed in compliance with the requirements of the HSE Safety Incident Management Framework

   

Allegation of abuse made against staff members

Complaint by staff of any inappropriate behaviour of other staff at work

Complaint about bullying and harassment made against staff

Refer to Line Manager/ Head of Discipline to deal with complaint in line with some or all of the following:

  • Trust in Care, Policy for Health Service Employers on upholding the Dignity and Welfare of Patients/Clients and the Procedure for managing allegations of abuse against staff members, May 2005.

 

Professional Misconduct and Fitness to Practice Issues

Referral to the appropriate Professional Regulatory Body for consideration under the relevant Act, e.g. IMC, NMBI, CORU, PSI, etc.

Complaint against the HR/Recruitment process

Refer to Line Manager / Head of Service to deal with complaint in line with some or all of the following:

  • Trust in Care, Policy for Health Service Employers on upholding the Dignity and Welfare of Patients/Clients and the Procedure for managing allegations of abuse against staff members, May 2005.
  • Grievance and Disciplinary Proceduresfor the Health Service, May 2004.
  • HSE Recruitment SOP R2002
  • Utilise the appeal processes contained in the Recruitment Licenses and Codes of Practice specifically in line with Section 7 and Section 8 of the Codes of Practice.

Allegation of abuse of vulnerable adults including elder abuse

Refer to the General Manager / Manager of Older Persons Services to deal with the complaint in line with:

Where the allegation relates to non-staff, refer to Manager of Older Persons Services to deal with complaint in line with:

  • Protecting Our Future (2002)

Where complaints relate to safeguarding all vulnerable persons across the Social Care Division, encompassing older people and persons with a disability deal with the complaint in line with:

Safeguarding Vulnerable Persons at Risk of Abuse, National Policies and Procedures 2014

Complaint about entitlements under Part 3, Chapter 9 of the Social Welfare (Consolidation) Act 2005

Refer to Health Service Executive Appeals Process/Social Welfare Appeals Office in relation to Basic Payments and Supplements

Complaints in relation to decisions of Freedom of Information internal reviewers

Refer to Office of the Information Commissioner to deal with the complaint in line with the Freedom of Information Act 2014 info@oic.ie

Complaints in relation to breaches of Data Protection Rights

Refer to Data Protection Commissioner to deal with the complaint in line with the Data Protection Act 1988 and 2003: info@dataprotection.ie

Complaints in relation to Environmental Issues

Refer to Local Environmental Health Office to deal with the complaint in line with some or all of the following:

  • Food Safety Authority of Ireland Act 1998
  • European Communities (Hygiene of Foodstuffs) Regulations 2006
  • Food Hygiene Regulations 1950 - 1989
  • Public Health (Tobacco) Acts 2002 & 2004

Pre-School Services

Refer to the relevant Tusla Childcare Manager to deal with the complaint in line with the Childcare (Pre-school Services) Regulations 1996 (Tusla)

Concerns that a number of people have been exposed to a specific hazard.

Refer to relevant local policy developed in compliance with the requirements of the HSE Safety Incident Management Framework (PDF).

Refer to < Look back Review Guideline (PDF) to identify if any of those exposed have been harmed and what needs to be done to take care of them.

Concerns made to the Confidential Recipient (CR)

Refer to relevant HSE National Director.

A preliminary written report is required within 15 working days from the relevant Community Healthcare Organisation, Chief Officer or Hospital Group, Chief Executive Officer from the date of receipt of the file from the CR. The preliminary report may indicate the need for a review/investigation under another policy/procedure.

Protected Disclosures and Good Faith Reporting

Made to the Authorised Person who will examine and decide based on the information available what form the investigation should take in line with the Protected Disclosures Act 2014.

Disability Act (Part 2, Assessment of Need, Service Statements, and Redress).

Refer to the HSE Assessment of Need Complaints Officeaon.complaints@hse.ie